New York Lawyer's Legal Updates

Parts of Indiana’s Immigration Law Struck down by Federal Judge

The Indiana immigration bill allowed authorities to arrest non-citizens without the use
of warrants and prevented immigrants from using consular ID cards as a means of
identification. However, according to a Reuter's article, the American Civil Liberties
Union (ACLU) brought a class-action lawsuit challenging the constitutionality of this
aspect of the Indiana immigration law. As a result of the lawsuit, the U.S. District
Court for the Southern District of Indiana ruled that not requiring warrants for arrests
was a Fourth Amendment violation. The State of Indiana decided not to appeal the
court's decision on this aspect of the bill, based on the U.S. Supreme Court's ruling in
2012 on the Arizona immigration law and the similarity it bore to Indiana's law. The
end result of the court’s ruling is that the injunction against this aspect of the bill
became permanent.

Not requiring warrants had created adverse effects. For one, despite the fact that
immigrants were in the midst of working out their status, they were subject to arrest.
This was also inconsistent with U.S. immigration law, which allows immigrants subject
to the removal process to remain legally in the United States while the legal action is
ongoing. Arresting them without warrants and the arrests for using consular IDs
basically challenged the federal government’s right to deal with immigration matters.

Whenever you have questions about immigration, encounter legal issues regarding
your immigration status, or face the threat of deportation, at your first opportunity
consult a immigration lawyer. The attorney can provide you with effective
legal advice that protects your rights and also defend you in legal actions.

23 April 2013

A Brooklyn Lawyer Serving New York Community

New York Russian speaking lawyer Alena Shautsova is located in Brooklyn and serves New York City, Manhattan, Queens, the Bronx and surrounding communities.